Update at 2:43 p.m. ET. No Pope Today: Black smoke just poured from the chimney above the Vatican. That means, as was expected, the cardinals did not choose a pope on the first vote of their conclave to name a successor to the now-retired Pope Benedict XVI.

On Monday, a state judge in Manhattan struck down New York City Mayor Michael Bloomberg's rule capping soda sizes. And lawmakers in Mississippi are taking the backlash against government regulation on food marketing one step further.

A spokesman for striking building and food service workers at the University of Illinois says members are getting a lot of backing from other unions. The three-day strike by SEIU Local 73 started at midnight Monday– and will go on until 12 a.m. Thursday.